Manuel Trujillo-Bardalas v. Jefferson Sessions

708 F. App'x 405

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 28, 2017
• Docket: 12-71205
• Status: Unpublished

Opinion

MEMORANDUM **

Yolanda Merari Raxic-Carreto, a native and citizen of Guatemala, petitions for review from the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We deny the petition for review.

The record does not compel the conclusion that Raxic-Carreto established extraordinary or changed circumstances to excuse her untimely asylum application. See 8 C.F.R. §§ 1208.4(a)(4), (5); Toj-Culpatan v. Holder, 612 F.3d 1088, 1091-92 (9th Cir. 2010). Thus, Raxic-Carreto’s asylum claim fails.

Substantial evidence supports the BIA’s determination that Raxic-Carreto failed to demonstrate a nexus between the harm she fears and a protected ground. See Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (applicant’s “desire to be free from harassment by criminals motivated by theft or random violence by gang members has no nexus to a protected ground”), Thus, Raxic-Carreto’s withholding of removal claim fails.

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.